Alok Awasthi, J
1. Heard with the aid of case diary.
This is first application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short "BNSS"), for grant of bail to the applicant, relating to FIR/Crime No.628/2025 dated (not mentioned) registered at Police Station Dhamnod, District Dhar (M.P.) for commission of offence punishable under Sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act.
2. Prosecution story, in brief is that after receiving secret information, a police team was constituted headed by Inspector Praveen Thackrey, Station House Officer, Police Station Dhamnod, District Dhar. The team proceeded towards Old Highway Hotel situated on old A.B. Road, in front of a petrol pump at Dhudhirpat, it was found that applicant was allegedly running an illegal prostitution racket by calling women from outside on payment of Rs.500/- per customer. Constable Manish Rathore was deputed as a decoy customer and provided with two marked currency notes of Rs.500/- each. Upon receipt of the pre-arranged signal from the decoy, a raid was conducted at the said hotel during which the present applicant attempted to flee but was apprehended. On personal search, the marked currency notes were recovered from the counter, condom packets, loose condom pouches and several green coloured tokens were seized while no customer register was found. During further search, two men and two women were found in objectionable state. On being interrogated, the men disclosed their identities as Shailendra and Manish from whose possession tokens and condom pouches were recovered while the women disclosed their identities as Pooja @ Chandni and Nainsingh and they were treated as victims and released with dignity. On the basis of the raid, seizures made and confessional statements of the accused persons, it was revealed that the accused persons were running an illegal sex racket in a public place hence, an FIR was lodged.
3. Learned counsel for the applicant/accused person submits that applicant has not committed the offence and has falsely been implicated in the case. It is further submitted that offence is exclusively triable by Judicial Magistrate First Class and applicant is in custody since 11.12.2025. After completion of investigation, charge-sheet has been filed. It is also contended that wife of the applicant is at advanced stage of her pregnancy and there is no other member in the family to take care of his wife. It is submitted that co-accused Shailendra and Manish have already been granted bail by the Trial Court vide order dated 17.12.2025. Conclusion of trial will take considerable long time for its disposal, therefore, it is prayed that the applicant be released on bail.
4. On the other hand, learned counsel for the non-applicant/State has opposed the prayer and prays for rejection of the application.
5. Having considered the rival contentions and after perusal of the case diary so also looking to overall facts and circumstances of the case and the allegations made against the applicant, this Court is of considered view that this is a fit case to grant bail to the applicant. Hence, without expressing any opinion on merit of the case, this application is allowed.
6. It is directed that the applicant- Devendra be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/-(Rupees One lac only) with one solvent surety in the like amount to the satisfaction of the concerned Trial Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 480(3) of the BNSS.
7. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
8. With the aforesaid, this application is allowed and stands disposed of.
Certified copy, as per Rules.
